SEC v. EquiAlt LLC, et al. (2020)
Settled
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On August 5, 2021 the Middle District of Florida entered a consent final judgment against EquiAlt CEO Brian Davison, ordering $24.6 million in disgorgement, $913,060 in interest and a $1.5 million penalty. The court said the claims against Barry Rybicki would continue; the EquiAlt entities were not checked.
The record
| Agency | SEC |
|---|---|
| Release number | LR-24740 |
| Date filed | 2020-02-18 |
| Date resolved | 2021-08-05 |
| Court | U.S. District Court, Middle District of Florida |
| Status | settled |
| Criminal parallel | No |
| Defendants | EquiAlt LLC ; Brian Davison ; Barry Rybicki |
| Cited as charged or alleged | Exchange Act s.10(b) and Rule 10b-5 ; Exchange Act s.15(a) ; Securities Act s.17(a) ; Securities Act s.5 |
| Techniques |
What was ordered
- Civil penalty
- $1.5m
- Disgorgement
- $24.6m
- Prejudgment interest
- $913k
- Total relief
- $27m
- Alleged gain
- —
What is alleged to have happened
The SEC announced the action on February 18, 2020 (LR-24740) in the Middle District of Florida; the court granted emergency relief on February 14. Investors were told 90% would buy undervalued real estate and pay 8 to 10% interest. The release says money from one fund was used for Ponzi-like payments to investors in another fund.
The Ponzi tag is removed because the release describes a real estate offering fraud and mentions Ponzi-like payments between funds only once. The record named "EquiAlt LLC et al."; the three are now listed.
Outcome. The court's August 5, 2021 order approves the SEC's unopposed motion for a final judgment against Davison on his consent and states that the claims against Rybicki would continue. The attached judgment enjoins Davison and orders $24,600,000 in disgorgement, $913,060 in prejudgment interest and a $1,500,000 penalty, a total of $27,013,060, with the obligation treated as met through the surrender of listed assets to the receiver. The order notes that it rests on consent rather than court findings. This record's other defendants, including the EquiAlt entities and Rybicki, were not resolved on this source.
Timeline
- 2020-02-18 Litigation release published
- 2021-08-05 Consent final judgment entered against Brian Davison
Primary documents
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